EPA v. GENERAL REFINING

Case summary

THIS IS A CIVIL REFERRAL SEEKING REIMBURSEMENT OF COSTS INCURRED BY EPA BETWEEN 1986 AND 1989 IN CONDUCTING A REMOVAL ACTION AT THE GENERAL REFINING SITE, A SEDOIL RE- REFINERY WHICH CEASED DOING BUSINESS IN 1978. USED OIL FROM A VARIETY OF SOURCES WAS BROUGHT TO THE SITE IN GENERAL REFINING TRICKS AND PROCESSED. THE PROCESS RESULTED IN THE CREATION OF AN ACIDED OILY SLUDGE CONTAMINATED WITH LEAD, CHROMIUM, CADMIUM AND PCBS. THE SLUDGE WAS DISPOSED OF ON- SITE IN VALLINED LAPOONS. IN 1988 EPA DETERMINED THAT RE- LEASE OF HAZARDOUS SUBSTANCES HAD OCCURRED AND FURTHER RELEASES WERE POSSIBLE IF IMMEDIATE RESPONSES ACTION WAS NOT TAKEN. THE SITE WAS NOT FENCED AND WAY EASILY ACCESSIBLE. GROUNDWATER AND SOILS WERE THREATENED WITH CONTAMINATION. IN 1986 EPA INITIATED A REMOVAL ACTION WHICH CONSISTED OF REMOVING AND TREATING THE SLUDGES AND LIQUIDS FROM THE LAGOON, AND TREATING CONTAMINATED SOILS. THE RESULTING SOLIDS REMAINING AFTER THE TREATMENT PROCESS WERE SOLIDIFIED AND BURNED ON SITE. A SOIL COVER WAS PLACED OVER THE SOLIDIFIED MATERIAL. EPA HAS IDENTIFIED GENERATOR FROM SITE RECORDS AND HAS SENT DEMAND LETTERS TO 59 PRPS. THE LETTERS REQUEST THE PRPS TO REIMBURSE EPA FOR AT LEAST $2.75MILLION IN COSTS EPA INCURRED. IN OCTOBER 1988, EPA ISSUED AN UNILATERAL CERCLA SECTION 106 ADMINISTRATIVE ORDER TO 24 PRPS ORDERING THEM TO CONDUCT PHASE 2 OF THE REMOVAL (SOLIDIFICATION AND BURIAL). THE PRPS FAILED TO COMPLY WITH RE-ORDER. THEREFORE, THE GOVERNMENT'S COMPLAINT MAY SEEK TREBLE DAMAGES AGAINST 24 OF THE PROPOSED 59 DEFENDANTS.

Defendants (59)

• FLAV-O-RICH, INC.Named in complaintNamed in settlement
• FT. STEWARTNamed in complaintNamed in settlement
• FULLER OLDSMOBILE, INC.Named in complaintNamed in settlement
• CHATHAM COUNTY AREA TRANSITNamed in complaintNamed in settlement
• CHATHAM COUNTY POLICENamed in complaintNamed in settlement
• CLANTON MOTORSNamed in complaintNamed in settlement
• COASTAL MACK, INC.Named in complaintNamed in settlement
• COLONIAL OIL INDUSTRIES, INC.Named in complaintNamed in settlement
• COMET OIL COMPANYNamed in complaintNamed in settlement
• CRITZ, INCNamed in complaintNamed in settlement
• DIXIE POWER SYSTEMS, INC.Named in complaintNamed in settlement
• FERNADEZ (D/B/A DEAN WILKES BODY SHOP)Named in complaintNamed in settlement
• CENTRAL OF GEORGIA RAILROAD COMPANYNamed in complaintNamed in settlement
• AKINS & BOBB MOTORS, INC.Named in complaintNamed in settlement
• ALL-IN-ONE GARAGENamed in complaintNamed in settlement
• AMERICAN CYANAMID COMPANYNamed in complaintNamed in settlement
• AUTOHAUS OF SAVANNAHNamed in complaintNamed in settlement
• BACKUS CADILLAC-PONTIAC, INC.Named in complaintNamed in settlement
• BO-MARK TRANSPORT, INC.Named in complaintNamed in settlement
• BOB MADDOX CHRYSLER-PLYMOUTH, INC.Named in complaintNamed in settlement
• BRADLEY PLYWOOD CORPORATIONNamed in complaintNamed in settlement
• BUILDERS TRANSPORT, INC.Named in complaintNamed in settlement
• BULLOCH TRACTOR CO., INC.Named in complaintNamed in settlement
• CARLTON COMPANYNamed in complaintNamed in settlement
• MATERIALS HANDLING & ENGINEERINGNamed in complaintNamed in settlement
• …and 34 more

Facilities (1)

• GENERAL REFINING CO/ABANDONED

  JCT US HWY 80 W & US HWY 17, GARDEN CITY, GA, 31408

  Registry ID: 110010712390

Statutes cited

• CERCLA 107C3 — Treble Damages
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• GENERAL REFINING, CO. ET AL.entered 1994-11-23

  Primary law: CERCLA

Timeline (9 milestones)

• 1985-08-01Enforcement Action Data Entered
• 1989-09-29Referred To Dept Of Justice
• 1990-05-10Returned To Region
• 1993-07-15Rereferred
• 1994-11-23Final Order Lodged
• 1994-11-23Final Order Entered
• 1994-11-23Complaint Filed With Court
• 1994-11-23Concluded
• 1995-03-09Enforcement Action Closed